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           Proposed Rule:
           Transportation  Conformity Rule
           Amendments to Implement Provisions
           Contained  in  SAFETEA-LU
               The U.S. Environmental Protection Agency (EPA) is proposing
               changes to the transportation conformity rule to make the rule
           consistent with the Clean Air Act as amended by the most recent
           transportation funding legislation, the  Safe, Accountable, Flexible,
           Efficient Transportation Act: A Legacy for Users (SAFETEA-LU).
    Key Elements of the Proposed Rule
    The proposed rule would update the regulation as follows:

          •  Change the required frequency of conformity determinations for
            transportation plans and transportation improvement programs from at
            least every three years to every four years.

          •  Give areas two years, increased from 18 months, to make a conformity
            determination in response to a new air quality budget in a state air quality
            implementation plan.

          •  Provide a one-year grace period before the consequences of a conformity
            lapse apply when an area misses certain conformity deadlines. During
            the lapse grace period, an area would be able to make conformity
            determinations for projects.

          •  Give areas the flexibility to shorten the timeframe covered by a
            conformity determination, if the local transportation planning agency
            elects to do so. The proposed rule specifies criteria and procedures
            that would apply when shortening the timeframe of a conformity
            determination, including what must occur before an area makes an
            election, what period of time must be covered under a shortened
            timeframe, and what years must be analyzed under a shortened timeframe.

                                   Office of Transportation and Air Quality
United States
Environmental Protection                                     E PA420-F-07-018
Agency                                                      Apri| 2Q07

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       •  Streamline the requirements for state conformity implementation plans ("conformity
          SIPs").

       •  Address the statute's provision that allows areas to substitute or add transportation
          control measures without a SIP revision.

In addition, this proposed rule includes other proposed changes not related to SAFETEA-LU.
This proposed rule would:

       •  Allow the U.S. Department of Transportation (DOT) to make categorical hot-spot
          findings for projects in carbon monoxide areas. DOT can currently make categorical
          hot-spot findings for projects in particulate matter (both PM2.5 and PM10) areas.

       •  Remove the provision that allowed 8-hour ozone areas to use other tests for
          conformity instead of their 1-hour budgets where the other tests were more
          appropriate. This provision no longer applies because it was vacated by the U.S.
          Court of Appeals for the District of Columbia Circuit on October 20, 2006.

       •  Update terms and make other minor changes for clarification or to ensure the rule is
          consistent with other EPA and DOT regulations.
Background
Transportation conformity is a Clean Air Act requirement that ensures that federally supported
highway and transit projects are consistent with ("conform to") the purpose of a state air quality
implementation plan. Conformity ensures that public health is protected by early consideration
of the air quality impacts of transportation decisions in places where air quality does not
currently meet national standards or has not met them in the past.

Enacted in August 2005, SAFETEA-LU authorizes funding of the nation's transportation
infrastructure. This legislation made several changes to the conformity portion of the Clean Air
Act.
Health and Environmental Benefits
Though the proposed rule would make the conformity program more flexible, health and air
quality would continue to be protected. As always, transportation activities — transportation
plans, transportation improvement programs, and individual transportation projects — must be
found to conform before they can be adopted. In addition, conformity must still be determined
on a regular basis.
                                                    Office of Transportation and Air Quality
Transportation Conformity Rule Amendments                                         2

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Public Participation Opportunities
We welcome your comments on this proposed rule. Comments will be accepted for 30 days
beginning when this proposal is published in the Federal Register. All comments should be
identified by Docket ID No. EPA-HQ-OAR-2006-0612 and submitted by one of the following
methods:

         Internet: www.regulations.gov
         E-mail: A-and-R-Docket@epa.gov
         Mail:
             Environmental Protection Agency
             Air and Radiation Docket and Information Center (6102T)
             1200 Pennsylvania Avenue NW
             Washington, DC 20460
         Hand Delivery:
             EPA West Building
             EPA Docket Center (Room 3340)
             1301 Constitution Avenue NW
             Washington, DC
For More Information
You can access documents on transportation conformity on EPA's Office of Transportation and
Air Quality Web site at:

         www.epa.gov/otaq/stateresources/transconf/index.htm

For further information on this proposed rule, please contact

         Rudy Kapichak
         U.S. Environmental Protection Agency
         Office of Transportation and Air Quality
         2000 Traverwood Drive
         Ann Arbor, MI 48105
         734-214-4574
         E-mail: kapichak.rudolph@epa.gov

         or

         Laura Berry
         U.S. Environmental Protection Agency
         Office of Transportation and Air Quality
         2000 Traverwood Drive
         Ann Arbor, MI 48105
         734-214-4858
         E-mail: berry.laura@epa.gov

                                                 Office of Transportation and Air Quality

Transportation Conformity Rule Amendments                                      3

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